Terms of use

These terms of use (the "Terms") govern access to and use of the Air Quality mobile application (the "App"), published by BAUGEY MATHEO, trading as DEVOLIM (the "Publisher"). The financial terms of the Air Quality Premium offer are set out in the subscription terms, which supplement these Terms.

Installing and using the App constitutes full acceptance of these Terms. If you do not accept them, please do not install the App, or uninstall it.

1. The Publisher

2. Definitions

• User: any natural person installing and using the App.
• App: the "Air Quality" software (identifier com.devolim.airquality), its widgets, notifications and updates.
• Free version: use of the App without a subscription, funded by advertising and subject to the limits described in section 5.
• Premium: the paid offer described in section 6 and in the subscription terms.
• Stores: Apple's App Store and the Google Play Store, through which the App is distributed and Premium is sold.
• Sources: the public and scientific bodies from which the displayed data originates, whose licences are set out in the legal notice.

3. Entry into force, duration and amendment

These Terms take effect when the App is installed and apply for as long as it is used. The Publisher may amend them to reflect changes to the App or to applicable law. The applicable version is the one published at https://airquality.devolim.fr/en/terms.html at the time of use; any substantial change will be brought to the User's attention in the App. Continued use after an amendment constitutes acceptance, without prejudice to the User's right to stop using the App and, where applicable, to cancel their subscription.

4. Description of the service

The App is an environmental information service. For a given position or selected city, it displays an air quality index and its level, concentrations of the main pollutants, weather information that helps interpret that index, pollen levels, forecasts, a map, a city ranking, a reading history, widgets and — for subscribers — alerts.

Where an official measurement is published for the municipality concerned, the App gives priority to it. Elsewhere, and where no official value exists, the figures displayed come from numerical models with a kilometre-scale grid: they are an estimate of air quality across an area, not a measurement taken at the User's address.

5. Free version, advertising and limits

The App can be used without an account and without signing up. The free version provides the real-time index, pollutants, related weather, pollen, the map, the ranking, a widget and the current day. It is subject to the following limits, which may be adjusted as provided in section 8:

• followed cities: the User's location plus one saved city, which may be replaced within a number of changes per rolling week indicated in the App;
• forecasts: the current day, subsequent days being part of Premium;
• history: a rolling forty-eight hours;
• alerts: not included;
• advertising: the free version is funded by ads (frequency-capped opening interstitial, banners, in-screen rectangle, native placement). No feature depends on watching an ad.

The processing of advertising data and the collection of consent are described in the privacy policy.

6. Premium offer

Air Quality Premium removes advertising and unlocks alerts, five-day forecasts, an unlimited number of followed cities, twelve months of history with CSV export, and exposure trends. Premium is offered as an auto-renewing subscription (monthly or yearly) or as a one-off lifetime purchase, on the terms set out in the subscription terms. Under Article 293 B of the French General Tax Code, VAT is not applicable.

7. User obligations

The User undertakes to:

• use the App for its intended purpose, in accordance with these Terms and applicable law;
• not circumvent the technical limits of the free version, the purchase verification mechanisms or the App's security features;
• not decompile, disassemble or reverse-engineer the App, subject to the mandatory exceptions provided by law;
• not systematically extract or reuse the data displayed, in particular by automated means, beyond what the Sources' licences permit;
• not rely exclusively on the App for any decision affecting their health or safety, or that of others.

8. Availability, changes and minimum versions

The App depends on services and data supplied by third parties. The Publisher does not guarantee permanent availability, nor the absence of interruption, delay or degradation caused by those third parties, communication networks or maintenance. Where a Source is unavailable, the App may display partial or delayed data, and will say so.

Certain operating parameters (ad frequency, free-tier limits, information messages) may be adjusted remotely. Where a change in the Sources or a security fix requires it, the App may require a minimum version to be installed in order to keep working; the sole purpose of this requirement is to avoid displaying incorrect data.

9. Intellectual property and licence

The App, its code, interfaces, graphic elements and brand remain the exclusive property of the Publisher. The User is granted a personal, non-exclusive, non-transferable and non-sublicensable right of use, limited to their own needs and to the period of use of the App. Any other exploitation, in particular commercial, is prohibited without written authorisation.

The data displayed remains the property of its producers and is subject to their respective licences (in particular ODbL and the Etalab Open Licence), as set out in the legal notice. The CSV export available to subscribers is intended for personal use and confers no redistribution right beyond what those licences allow.

10. Statutory guarantees

Consumers benefit, irrespective of these Terms, from:

• the statutory guarantee of conformity for digital content and services (Articles L.224-25-1 et seq. of the French Consumer Code);
• the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).

To invoke these guarantees, simply write to contact.airquality@devolim.fr describing the defect observed.

11. Liability

The Publisher undertakes to exercise due care in providing a quality service. However:

• the indices, concentrations, forecasts, pollen levels and advice displayed are indicative and come from models or measurements produced by third parties, whose methodology, accuracy and update frequency are outside the Publisher's control;
• alerts rely on background tasks executed by the operating system, which may be delayed, restricted or suspended by the device (power saving, lack of network, system restrictions): no guarantee of delivery or timing can be given, and they do not constitute a safety alerting system;
• the Publisher cannot be held liable for decisions taken by the User solely on the basis of the information displayed, nor for the consequences of a Source being unavailable or inaccurate.

In accordance with Article 1231-3 of the French Civil Code, the Publisher's liability is limited to direct damage that was foreseeable at the time the contract was concluded. Nothing in these Terms excludes or limits the Publisher's liability in the event of wilful misconduct, gross negligence or personal injury, nor sets aside the mandatory rights of consumers.

12. Personal data

The processing of personal data is described in the privacy policy. In short: the App works without an account, the User's data stays on their device, their location is rounded before any transmission, and personalised advertising is subject to their consent.

13. Ending use

The User may stop using the App at any time and uninstall it, which erases all data held on the device. Uninstalling does not cancel an active subscription: cancellation is carried out from the Apple or Google account, as set out in the subscription terms.

The Publisher may suspend access to server functions in the event of manifestly abusive or fraudulent use, or use liable to compromise the security of the service or the Sources' quotas, after informing the User where this is possible and proportionate.

14. Complaints and consumer mediation

Complaints may be sent to contact.airquality@devolim.fr. Under Articles L.611-1 et seq. of the French Consumer Code, consumers may use a consumer mediator free of charge to settle a dispute amicably, after first attempting to resolve it directly with the Publisher. The European online dispute resolution platform is also available: ec.europa.eu/consumers/odr.

15. Governing law and jurisdiction

These Terms are governed by French law. Failing amicable resolution, the French courts shall have jurisdiction. Consumers retain the benefit of the mandatory provisions of the law of their country of residence within the European Union and may bring proceedings before the courts of their place of residence.

16. Miscellaneous

If any provision of these Terms is held to be void or unenforceable, the remaining provisions shall remain in full force. The Publisher's failure to invoke a breach shall not be construed as a waiver of its right to do so later. These Terms, the privacy policy, the subscription terms and the health disclaimer constitute the entire agreement between the parties in respect of the use of the App.

17. Language

This English version is provided for convenience. In the event of any discrepancy, the French version shall prevail.

18. Contact

For any question regarding these Terms: contact.airquality@devolim.fr.